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Can the client force arbitration after I file a Mechanic's lien?

California

Situation: client breached contact and now refuses to make final payment. They filed a complaint and claim on surety bond. We filed a Mechanic's lien. Then they asked for arbitration for the lien. It is in the contract that we use arbitration if there is a problem, but it doesn't specify if that applies after the lien has been filed.

3 replies

Sep 15, 2021

This is relatively common. You should file the lawsuit to foreclose the lien while complying with Code of Civil Procedure 1281.5 to make sure that you don't waive your right to enforce arbitration (although that seems not to be an issue because they want to arbitrate). Arbitration is often preferable to court actions, but the specifics depend on your situation. 

I would recommend contacting an experienced construction attorney to talk you through your options.

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Sep 16, 2021
You are probably still required to proceed with mediation based upon the contract. The mechanics lien law is simply a prejudgment attachment remedy not impacted by mediation.
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Sep 16, 2021
I disagree with the prior answers. You need to “perfect your lien” by filing a lawsuit within 90 days from recordation of the lien. You then stay the lawsuit and go to arbitration. Unless you file your lawsuit within 90 days from the date the lien was recorded… You will lose your lien.
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